Legal News March 2017 in Viet Nam

1. Practice in construction of product-by-process claim in Vietnam A product-by-process claim is understood worldwide as a patent claim in which a product claimed by defining the process by which the product is made, and this claim type is at present permitted in many jurisdictions. In Vietnam, such a product-byprocess claim format is also permitted, however it is allowed under certain special circumstances only. As stated in the Guidelines for Patent Examination issued by the National Office of Intellectual Property of Vietnam (hereinafter referred to as “the NOIP’s Guidelines”) dated 31 March 2010, in the case that a product whose structure is...

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